Middlebrook & Bros. v. Zapp

GAINES, Associate Justice.

In Middlebrook & Bros. v. B. L. Zapp and L. & H. Blum, 73 Texas, 29 (which suit was brought in the court below by the appellants as a partnership composed of I. Middlebrook, R. 0. Middlebrook, and Mrs. Julia Meyer, the wife of C. W. Meyer), it was held that the husband, who only joined as party plaintiff pro forma, was the real partner, and party at interest in the subject matter of the litigation, and that the plaintiffs could not recover in that suit. For that reason the judgment for the defendants was affirmed. The present action was brought by the Middlebrooks…